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October 15, 2005

Chapter 11 Weapon

FInancial Times Columnist John Gapper blows the Delphi Chapter 11 wide open in his most recent column. I provide a link and excerpts below:

John Gapper: The Danger of Rewriting Chapter 11 (Financial Times subscription required)

Steve Miller, chief executive of Delphi, was in New York this Monday to explain why he was putting the Michigan automotive parts supplier into Chapter 11 bankruptcy. “We are broke,” he said, holding his hands in the air. “I am sorry to be the one delivering that message.”

Mr Miller did not look very sorry. In fact, he seemed like someone whose bargaining position with his employees had just become a lot stronger. Instead of having to wheedle unions into accepting cuts in pay and benefits for Delphi’s 34,000 hourly-paid US workers, he can threaten them with the company defaulting on its defined-benefit pension plan.
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Organised labour, meet organised capital. Chapter 11 of the Bankruptcy Code used to be regarded as a bizarre US arrangement allowing a troubled company’s managers to stay at the helm and restructure instead of being kicked out by the creditors. Eastern Airlines went into Chapter 11 in 1989 and remained there for two years losing money before collapsing.

These days, managers and creditors are often on the same side from the start. Chapter 11 has become a device for reasserting management fiat over workers with the backing of bankers. Financiers have forced steel industry employees who were used to being highly paid to accept lower wages and fewer benefits. Delphi’s Chapter 11 filing suggests Detroit’s workers and retirees are next in line.

The way that Delphi is handling its bankruptcy shows how things have changed. David Skeel, a University of Pennsylvania law professor, says the interests of managers and creditors have been aligned by two things: companies are supported – and controlled – with specialist financing and managers are given very large financial incentives to act rapidly and to take tough decisions.
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All of this carries a price. They say you should not visit a sausage factory if you like eating sausages and in this case the ingredients being ground up for profits are health and (perhaps) pension rights. It does not take a union activist to be disturbed by the prospect of Delphi workers losing benefits that they dedicated their lives to gaining by working there.

The stark contrast between workers’ losses and managers’ gains was one reason for changes to Chapter 11 in the bankruptcy reforms that come into effect next week. The new law bars companies from paying managers Chapter 11 bonuses and limits the time during which they have the sole right to propose a restructuring plan. Managerial prerogative, as well as wealth, is taking a haircut.
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October 15, 2005 in Corporate Restructuring, Current Affairs, Economy and Unions, Globalization, Labor Disputes, Unionization/Deunionization | Permalink

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Comments

Mr Miller did not look very sorry. In fact, he seemed like someone whose bargaining position with his employees had just become a lot stronger. Instead of having to wheedle unions into accepting cuts in pay and benefits for Delphi’s 34,000 hourly-paid US workers, he can threaten them with the company defaulting on its defined-benefit pension plan.

Did this end up happening?

Posted by: Travel Guy | Jan 27, 2008 7:30:38 PM

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